Take ScribeSEO as an example. I guess Matt has no problem with that one. He himself has monetized Akismet similarly. It seems you can have an open source, GPL compliant plugin, but as long as you can host some code integral to the function of that plugin on a server somewhere, and then the fact that people can down load the client end of your offering is irrelevant. As long as you offer it as SaaS, you bypass the stipulations of the GPL for the guts of your code. Which keeps it safe because it is miles away and can’t be accused of being derivative.

Is that what I’ve got to do as a small business to make my coding efforts viable under the GPL?

If you don’t like GPL, or think it’s too controversial, why would you write code for a GPL’d platform? Simple: you GAIN something. Is that gain worth the price of admission? That’s up to you.

But if you try to take that gain without abiding by the GPL, *you* are stealing/violating copyright. You have the option of using some other software.

No disrespect intended I assure you.

But, yes I did understand you. And yes your comments were about more than the bit I choose to comment on.

That doesn’t change the fallacy of that portion of your argument, nor does it change the fact that as arguments in favour of GPL go, it’s a poor one.

I think that you didn’t understand me. You are just looking at the part of the iceberg that is above water and this comment box is to small to debate about this.

“Most of the users will not distribute the theme and thieves will always find new ways to steal.”

What warped logic is this?

Either your giving the code away or you aren’t. If I take your GPL code and sell it myself I am not a thief, GPL has specifically given me right to do this.

The fallacy of giving something away and the calling someone who uses the rights you gave them a thief demonstrates more than any other argument the untenable position pro GPL defenders are in.

That’s like saying you can’t lock the door to your house because noone will break in, or at least the ones who would would find a way anyway.

Madness! If that’s your best argument your going to need much better.

Now as to whether GPL should infect themes regardless of the theme authors wishes, I’ll hold my opinion as that’s all it is. An opinion.

It doesn’t matter if you would or wouldn’t invest thousand of hours in a GPL project. That is your choice and it speaks more about you than you may think. What matters is that so many people did invest thousand of hours in all kind of GPL projects, not just WordPress and we all use the results of that work today. We should be honorable men and respect their work.

The law is the reflection of society. “We” are the society so in a way “we” are the law. “We” write the laws and “we” change them. I can stop commenting and then you will be the “society” and you will be write.

The discussion has no value if there are no solutions and suggestions so here is one. It would be nice to see community organized “premium” GPL theme contest for WordPress. If the rewards were large enough to cover the serious development of new themes, it would be interesting to see the result. The community would get great new themes, WordPress would get great promotion, developers would get the enough funds and we colud all learn form the beast … win win situation.

I would chip in few dollars for this type of award.

Also, this isn’t a debate about people’s feelings. It’s simply a legal issue. I doubt people who release their themes under the GPL “like” having people buy them & then distribute them for free. But it’s perfectly legal.

Just because Matt doesn’t “like” non-GPL themes and found a lawyer to tell him what we wanted to hear, doesn’t mean the GPL actually DOES apply to all themes.

Let’s say that you invested thousand of hours in creating “GPL” community around the WordPress project. How would you look at the non-GPL themes then?

If you take the premise away, your arguments in later points kind of falls apart. It also might change your view of Matt’s bullying tactics when it comes to the license.

I would like to point out a few things. This is just my opinion.

1. Chris Pearson is wrong and he should licence his theme under GPL
2. Christina Warren is wright, GPL is the wrong licence for WordPress
3. WordPress is a proof that the GPL is a one big mess
4. Everybody can start their own Automattic, so Automattic is ok
5. There is no “simple” solution to this, but there is a solution

I will now try to explain everything …

1. WordPress is licenced under GPL and the themes must be licenced under GPL as well. I think that any objective person will acknowlege this. WordPress loads the themes and themes use WordPress functions. There would be no WordPress themes and plugins if there were no WordPress and WordPress community. It’s ok to charge GPL themes and commercial support. GPL is not about money, but about freedom. Most of the users will not distribute the theme and thieves will always find new ways to steal.

2. If WordPress would be licenced under LGPL or BSD it would be posible to create premium themes without GPL rules and restrictions. Matt could even sell or give “custom” non-GPL developer licences to developers of comercial WordPress themes. That way, it would be posible to develop GPL and non-GPL themes on the same platform. But, Matt can’t do that because of licence inheritance from b2.

3. GPL is great for sharing knowledge, because you can get into the code and learn. From this point of view, I like the idea of GPL, but I still don’t like GPL licences. I’m working on GPL project and more I work with GPL more I think that GPL is one big mess when it comes to licence questions. The biggest problem I see is that even GPL licences are not compatible bettween the versions. Natural business model for GPL is commercial support. From business model perspective, this can be interpreted this way … if you write good code you will have no work or you will have more work if you write bad code. That is not good. There are a lot of problems in using GPL in business, but there are also numerous advantages. GPL is simply GPL, take it or leave it.

4. Automattic is great thing for WordPress. Anybody can start their own “Automattic” if they like and use WordPress as platform and that is ok from the GPL perspective. Non-GPL theme is simply not ok from GPL perspective.

5. I think that “simplest” solution would be to develop independent theme framework with custom (xml) markup under non-GPL licence that could be even independent of blog engine. Plugin for specific blog engines like for example WordPress or any other blog engine, could then be written under GPL licence. That would be in the “spirit” of GPL and commercial development. Theme developers would benefit from easy cross-blog-engine theme development and users would have more themes to choose from.

Where did I steal this idea? From you Chris? From cross-browser javascript frameworks? From some article I have never read?

Last thought for Chris. I don’t like your position about WordPress, WordPress themes and GPL. I think it’s simply wrong. You are trying to break the rules. Do not try to break the rules if you can bend the rules. If you want to develop commercial themes under non-GPL licence you should find a way to do so without breaking the rules of GPL licence.